“Article III demands that an actual controversy persist throughout all stages of 13 litigation.”
How later courts described this case
- “Article III demands that an actual controversy persist throughout all stages of 13 litigation.”
- Article III's “cases” and “controversies” limitation requires that 15 “an actual controversy . . . be extant at all stages of review, not merely at the time the complaint is 16 filed,”
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 JESUS MACIAS ORTEGA, No. 1:25-cv-00730-HBK (HC)
12 Petitioner, ORDER TO ASSIGN DISTRICT JUDGE
13 v. FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION AS MOOT1
14
TANYA ANDREWS, Warden of the
15 Golden State Annex Detention Facility, et FOURTEEN-DAY OBJECTION PERIOD
al.,
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Respondents.
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18 Pending before the Court is a pro se petition for writ of habeas corpus under 28 U.S.C. §
19 2241, filed by Petitioner Jesus Macias Ortega while he was detained in U.S. Immigration
20 Customs and Enforcement (ICE) custody at the Golden State Annex Detention Facility in
21 McFarland, California. (Doc. No. 1, “Petition”). The Petition raises a sole claim for relief:
22 Petitioner’s “ongoing prolonged detention” of 12 months in ICE custody without a bond hearing
23 violates his Fifth Amendment due process rights. (Doc. No. 1 at 17-18). As relief, Petitioner
24 seeks a bond hearing or immediate release from custody. (Id. at 18). For the reasons set forth
25 more fully herein, the undersigned recommends dismissing the action as moot.
26 ////
27
1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302
28 (E.D. Cal. 2022).
1 I. BACKGROUND
2 A. Procedural History
3 Petitioner initiated this action on June 16, 2025. (Doc. No. 1). On June 23, 2025, the
4 Court ordered expedited briefing, directing Respondent to respond to the Petition within forty-
5 five (45) days. (Doc. No. 7). On August 7, 2025, Respondent filed a Motion to Dismiss. (Doc.
6 No. 11). Petitioner did not to file an opposition before the deadline. (See Doc. No. 7 at 3, ¶ 4
7 directing a response to a motion to dismiss in twenty-one (21) days). On September 15, 2025, the
8 Court’s Order Re: Consent or Request for Reassignment sent to Petitioner on September 4, 2025
9 was returned as “Undeliverable Detainee Not in Custody.” (See docket). On October 27, 2025,
10 after Petitioner failed to file change of address consistent with the Court’s Local Rules, the Court
11 undertook a sua sponte search for Petitioner in the ICE online detainee locator system, which
12 returned zero (0) matching records. Thus, the Court ordered Respondent to submit supplemental
13 briefing to address whether this action is moot because of Petitioner’s release from ICE custody,
14 or in the alternative, notify the Court of Petitioner’s location. (Doc. No. 13). On November 4,
15 2025, Respondent filed supplemental briefing representing that Petitioner has been removed to
16 Mexico. (Doc. No. 14). Respondent argues, as the Court is no longer able to grant the relief
17 Petitioner requests, the action should be dismissed as moot. (Id.).
18 B. Background
19 Petitioner, a native and citizen of Mexico, arrived in the United States around 1973,
20 without being admitted or paroled, and in 1987 his status was adjusted to temporary permanent
21 resident. (Doc. No. 11-1 at 2, ¶ 5, Exh. 5). In March 1993, Petitioner was convicted of murder in
22 violation of California Penal Code § 187(a); and he was sentenced to life imprisonment with the
23 possibility of parole. (Id. at 2, ¶ 6, Exh. 1). On May 16, 2024, following his release from state
24 custody, Petitioner was detained by the Department of Homeland Security. (Id. at 3, ¶ 8, Exhs. 3,
25 4). ICE determined Petitioner was subject to mandatory detention under 8 U.S.C. § 1226(c) due
26 to his qualifying aggravated felony conviction for murder. (Id.). After a removal hearing on
27 August 21, 2024, the presiding Immigration Judge (“IJ”) found Petitioner was removeable, and
28 Petitioner requested relief from removal and a bond hearing. (Id. at 3, ¶ 10, Exhs. 6-8). On
1 January 7, 2025, Petitioner’s request for bond was denied, and on May 16, 2025, the Board of
2 Immigration Appeals upheld the bond decision. (Id. at 3, ¶ 12-15). At the time his Petition was
3 filed, Petitioner was detained at the Golden State Annex Detention Facility, awaiting an IJ
4 decision on his application for relief from removal. (See id. at 4, ¶ 16). On November 4, 2025,
5 Respondent filed supplemental briefing representing that Petitioner has been removed to Mexico
6 and is no longer in ICE custody. (Doc. No. 14).
7 ////
8 ////
9 II. APPLICABLE LAW AND ANALYSIS
10 Under Article III, Section II of the Constitution, a federal court’s jurisdiction is limited to
11 adjudication of “live” cases and controversies. See Hollingsworth v. Perry, 570 U.S. 693, 705
12 (2013) (“Article III demands that an actual controversy persist throughout all stages of
13 litigation.”) (internal quotation marks omitted); see also Arizonans for Official English v.
14 Arizona, 520 U.S. 43, 67 (1997) (Article III's “cases” and “controversies” limitation requires that
15 “an actual controversy . . . be extant at all stages of review, not merely at the time the complaint is
16 filed,”) (internal quotation marks omitted). Federal courts consider various doctrines, including
17 “standing,” “ripeness,” and “mootness” to ascertain whether a meets the “case and controversy”
18 requirement. See Poe v. Ullman, 367 U.S. 497, 502-505 (1961). To maintain a claim, a litigant
19 must continue to have a personal stake in all stages of the judicial proceeding. Abdala v. INS, 488
20 F.3d 1061, 1063 (9th Cir. 2007) (internal citation omitted). A case must be dismissed if it
21 becomes moot at any stage. See City of Mesquite v. Aladdin’s Castle, 455 U.S. 283, 288 (1982).
22 “For a habeas petition to continue to present a live controversy after the petitioner’s
23 release or deportation … there must be some remaining ‘collateral consequence’ that may be
24 redressed by success on the petition.” Abdala, 488 F.3d at 1064. Here, the Petition only seeks a
25 bond hearing and/or release from immigration detention but asserts no collateral consequences
26 that can be remedied by a successful ruling on the Petition. Thus, Petitioner’s removal cures his
27 complaints about the length of his detainment without a bond hearing. See id. (dismissing
28 petition as moot because detainee was challenging “only the length of his detention at the INS
1 facility” and “the original petition did not seek to redress collateral consequences arising from his
2 deportation.”). Moreover, to the extent Petitioner sought relief from removal, his “removal also
3 moots his petition for a stay of removal that has already occurred.” Carpio v. Dep't of Homeland
4 Sec., 2020 WL 7418966, at *1 (C.D. Cal. Mar. 13, 2020) (citing Abdala, 488 F.3d at 1064
5 (“where a petitioner only requested a stay of deportation, his habeas petition was rendered moot
6 upon his deportation”)).
7 Because Petitioner is no longer in ICE detention, the Court lacks jurisdiction to consider
8 the claim raised in the Petition. The undersigned recommends that the district court dismiss the
9 Petition as moot.
10 Accordingly, it is ORDERED:
11 The Clerk of Court is directed to assign this case to a district judge for the purposes of
12 reviewing these findings and recommendations.
13 It is further RECOMMENDED:
14 1. The Petition for Writ of Habeas Corpus (Doc. No. 1) be DISMISSED as moot.
15 2. The Clerk of Court be directed to terminate any pending motions and close this case.
16 ////
17 ////
18 NOTICE TO PARTIES
19 These Findings and Recommendations will be submitted to the United States District
20 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
21 after being served with a copy of these Findings and Recommendations, a party may file written
22 objections with the Court. Id.; Local Rule 304(b). The document should be captioned,
23 “Objections to Magistrate Judge’s Findings and Recommendations” and shall not exceed fifteen
24 (15) pages. The Court will not consider exhibits attached to the Objections. To the extent a party
25 wishes to refer to any exhibit(s), the party should reference the exhibit in the record by its
26 CM/ECF document and page number, when possible, or otherwise reference the exhibit with
27 specificity. Any pages filed in excess of the fifteen (15) page limitation may be disregarded by
28 the District Judge when reviewing these Findings and Recommendations under 28 U.S.C. §
1 | 636(b)d)(C). A party’s failure to file any objections within the specified time may result in the
2 | waiver of certain rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).
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4 Dated: _ November 6, 2025 law Zh. foareh Hack
5 HELENA M. BARCH-KUCHTA
‘ UNITED STATES MAGISTRATE JUDGE
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